James Nugent’s Answers

Was in a car accident, the insurance said I'm at fault, can I fight that decision.

I was headed north and started to get in the left lane when another car proceeded to try and pass me . And totaled my car. The ins said it my fault, can I fight the decision? I have a witness.

James’s Answer

April 20, 2015 12:04pm

Yes you can fight it. You should put as much weight in the insurance company's position that you are at fault as the insurance company is placing on your position that its insured is at fault. Fight it.

My airbags did not work in a 35 mph front end accident where do I stand?

i am scared to death of the thought of putting my family back in this vehicle which is a 2014 Jeep Patriot. If my wife was driving who doesn't have normal neck movement due to scoliosis surgery,or the strength to have held her head against the bac...

James’s Answer

March 31, 2015 1:33am

Immediately consult with an experience personal injury attorney. Preserve the car. Do NOT have it repaired, altered or fixed until you consult with an attorney. Your attorney may have an engineer inspect the car. Good luck.

Can I sue for a false positive pregnancy test result from a laboratory due to processing error?

I underwent mandatory pre-surgery lab tests and was told that my pregnancy test results came back positive. I pushed back and said I know that is inaccurate. Only after multiple calls on my part did the lab supervisor then call me and tell me ther...

James’s Answer

March 18, 2015 6:15pm

Ironically, your immediate attention to correcting the error diminishes your damage to claim. It is unfair that you had to go through this stress. Best to move on, and think twice about ever using that lab again.

Can I sue McDonald's for Defamation?

On my way to visit some friends, I came across an article on the Huffington post about a sandwich on McDonalds secret menu known as "The McGangbang". I told my friends about the article and, thinking this couldn't be true, but finding multiple sou...

James’s Answer

March 7, 2015 10:22am

And you suffered damages? I don't think this is a case worth bringing.

I fell down concrete step before boarding a train. can I sue for this incident?

Fell down concrete stairs trying to board train I oeanside. There was no announcement when train came, no track location, no agent present. Conductor said they should announce train arrivals & on which side of track to be on. When everyone realiz...

James’s Answer

March 7, 2015 10:19am

You do not mention any defect in the stairs. You mention you were in a rush. If you are going to claim you fell due to the stairs, you need to hire an expert to determine what, if anything, is defective - ie. not to code, with the stairs. You may want to retain an experienced personal injury lawyer.

James’s Answer

How do I find the lady that hit me?

My boyfriend, his best friend, and I were crossing a street (in the cross walk) in Davis. This lady starts driving forward and hits me with her car. I hit the hood of her SUV to get her to stop moving. She looked up, panicked then drove away. She ...

James’s Answer

March 7, 2015 10:14am

You need to determine who has custody of the camera videotape. Once you know who, you need to send a letter of preservation to the keeper/custodian of the video. Then you need to obtain a copy. You don't mention and you may not know if damage was done to the car as a result of her hitting you. If damage was done, you can canvass the neighborhood and check with body repair shops. Unfortunate the police are not being helpful.

If a witness who asked to be anonymous to a accident scene told in the police report he took the keys out of the car

James’s Answer

Defamation of Character Ruling

Hello, I just wanted to clear a few things up about the Defamation of Character Ruling. Lets say Person A is the person who said something false about Person B. However, Person A never published this statement to anyone else and never said anythin...

James’s Answer

March 6, 2015 10:56am

An essential element of defamation is the statement must be ‘published’ to a third party, who cannot also be the person who is being defamed. Publishing in this context does not mean that it must be printed, but purely that the statement has to be ‘made available’ to someone other than the person about whom the statement was made.

Sue a boyfriend

Can i sue an exboyfriend for telling me false statements. Messing with my head. Telling me a bunch of lies that i believed. Now that i found out the truth of all his lies. I got sick of stress, mentally, made me lose control over my self to the po...

James’s Answer

March 6, 2015 10:54am

Horrible situation but I doubt commencing a lawsuit against your ex-boyfriend is going to help in your mental health recovery. You need to spend more time with your therapist getting over this guy than you do spending time with your lawyer allowing this guy to continue to live rent free in your mind. Good luck.